of November 17, 2000 No. P-104/2000
About the right to amnesty of convicts concerning whom sentences did not take legal effect in connection with their cassation appeal (protest)
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shabaylova V. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus the appeal concerning non-use of amnesty to separate categories of convicts, established the following.
According to article 9 of the Law of January 18, 1999. "About amnesty of some categories of persons who committed crimes" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1999, No. 3, 40) condemned the term of punishment to imprisonment is reduced by the Art. by one year, and to convicts who before the termination of term of punishment have less than one year, the term of punishment is reduced by the rest. According to Item 9 of article 15 of this Law convicts concerning whom sentences took legal effect on the date of entry into force of this Law fall under operation of article 9. The law on amnesty became effective on January 21, 1999, i.e. from the date of its publication as it is provided in article 27 of this Law.
The similar provisions concerning application of amnesty to convicts contain in Article 10 and part ten of article 14 of the Law of July 14, 2000. "About amnesty of some categories of persons who committed crimes" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 2000, No. 24, the Art. 328).
Thus, according to the law amnesty in the form of reducing term of deprivation of freedom can be applied only to convicts concerning whom the sentences pronounced by court took legal effect at the time of entry into force of the law on amnesty.
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